No Value: Valera vs Foppiano

On September 22, 2021 a No Value was filed involving a dispute between Valera, Susan Foppiano, and All Persons Unknown Claiming Any Interest In The Property, Foppiano, Helaine N, Foppiano, Louis M, Foppiano, Paul, Hocker, Gina M, for 26: Unlimited Other Real Property in the District Court of Sonoma County.

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I AMY HARRINGTON SBN 237980
HARRINGTON LAW, PC.
2
846 BROADWAY
3 SONOMA, CALIFORNIA 95476
TEL: 415-558-7700
4 FAX: 415-558-7701
EMAIL: amy@amyharringtonlaw.com
5

6 Attorneys for Linda Pond, Partition Referee

7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8

9 FOR THE COUNTY OF SONOMA

10 - UNLIMITED JURISDICTION -
11
SUSAN FOPPIANO VALERA, an individual, Case No.: SCV-269355
12
Plaintiff,
13 STIPULATION AND ORDER
vs. APPROVING PROPOSED
14
DISTRIBUTION OF PROCEEDS OF
15 LOUIS M. FOPPIANO, an individual and as SALE, AUTHORIZING REFEREE TO
Trustee of the Helaine Noreen Foppiano and MAKE DISTRIBUTION, APPROVING
16 Louis Michael Foppiano 1997 Trust dated REFEREE AND ATTORNEY FEES AND
December 23, 1997, HELAINE N. Foppiano, an COSTS, AND DISCHARGING REFEREE
17 individual and as Trustee of the Helaine Noreen UPON FILING OF RECEIPTS
18 Foppiano and Louis Michael Foppiano 1997
Trust dated December 23, 1997, PAUL
19 FOPPIANO, an individual, and GINA M. Dept.: 18
HOCKER, an individual and as Trustee of the Judge: Hon. Christopher Honigsberg
20 Gina Marie Hocker Revocable Trust dated
21
September 25, 2015, all persons unknown
claiming any interest in the property, and DOES
22 1-20,
23 Defendants.
24
Plaintiff Susan Valera ("Plaintiff') and Defendants Louis M. Foppiano, Helaine N.
25
Foppiano, Paul Foppiano, and Gina M. Hocker ("Defendants"), collectively "the Parties," by and
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through their respective undersigned counsel, together with Partition Referee Linda Pond
27
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28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO-CASE NO. SCV-269355

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1 ("Partition Referee"), through her attorney, hereby stipulate and agree as follows:
2
I. PROCEDURAL HISTORY AND FACTUAL BACKGROUND
3
Plaintiff and Defendants were co-owners of the subject property commonly known as
4
12781 Old Redwood Highway, Healdsburg, California, 95448, APN: 086-110-021 ("subject
5
6 property") and more particularly described as:

7 COMMENCING AT A 1/2" IRON PIPE FOUND AT THE MOST NORTHERLY
8
CORNER OF THE 1.61 ACRE PARCEL SHOWN ON THAT RECORD OF SURVEY
RECORDED IN BOOK 60 OF MAPS AT PAGE 11, SONOMA COUNTY RECORDS;
9 THENCE FROM SAID POINT OF COMMENCEMENT N 65° 27' 50" E 0.31 FEET T
10 THE WESTERLY LINE OF FORMER U.S. HIGHWAY 101; THENCE N 24° 33' W
ALONG SAID LINE 15.00 FEET TO A 1/2" IRON PIPE SET AT THE POINT OF
11
BEGINNING OF THE PARCEL OF LAND TO BE HEREIN DESCRIBED; THENCE
12 FROM SAID POINT OF BEGINNING CONTINUING N 24° 33" W ALONG SAID
LINE 146.85 FEET TO A 1/2" IRON PIPE SET, FROM WHICH A 6 11 X 6 11
13
CONCRETE MONUMENT FOUND BEARS N 24° 33' W 410.40 FEET; THENCE
14 LEAVING SAID LINES 65° 27' W 216.87 FEET TO A 1/2" IRON PIPE SET;
THENCE S 24° 31' 10" E 80.06 FEET TO A 1/2" IRON PIPE SET; THENCE N 65° 27'
15
E 68.40 FEET TO A 1/2" IRON PIPE SET; THENCE S 24° 31' 10" E 66.79 FEET TO A
16 1/2" IRON PIPE SET; THENCE N 65° 27' E 148.55 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED.
17

18 ALL 1/2" IRON PIPES SET ARE TAGGED LS 3193.

19 APN: 086-110-021
20
The subject property was owned by Plaintiff Susan Foppiano Valera and Defendants Paul
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Foppiano, Gina Hocker, and Louis Foppiano and Helaine Foppiano as follows:
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1. Susan Foppiano Valera owned 33.3% interest;
23

24 2. Paul Foppiano owned 20.8% interest;

25 3. Gina Hocker owned 12.5% interest; and
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4. Louis Foppiano and Helaine Foppiano jointly owned, as trustees, 33.4% interest.
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28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO - CASE NO. SCV-269355

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On October 31, 2022, this Court issued an Order Granting in Part Valera Motion for
2
Summary Adjudication re Interlocutory Judgment for Partition by Sale, Continuing Appointment
3
of Referee. On April 5, 2023, this Court issued an Order After Hearing Appointing Linda Pond
4
Partition Referee. Attached hereto as Exhibit "A" and fully incorporated by this reference is a
5

6 true and correct copy of this Order. This Order appointed Linda Pond as Partition Referee for the

7 purpose of selling the subject property.
8
Partition Referee petitioned the Court for authority to hire counsel and on August 9,
9
2023, this Court issued an Order for Authority for Referee to Retain Legal Counsel. Attached as
10
Exhibit "B" and fully incorporated by this reference is a true and correct copy of this Order. The
11

12 Court authorized Partition Referee to retain Amy Harrington ("Attorney Harrington") as her

13 counsel in this matter to prepare legal pleadings and deal with necessary legal issues as they
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arise.
15
The Parties requested the opportunity to make credit bids for the purchase of the subject
16
property. Partition Referee filed a Motion for Instructions requesting instructions from the court
17

18 as to the permission for and requirements of any credit bids allowed. On October 17, 2023, this

19 Court issued a Ruling Issued on Submitted Matter: Motion for Instructions to the Referee on
20
Allowance ofa Credit Bid by Defendants and the Terms Thereof Attached hereto as Exhibit
21
"C" and fully incorporated by this reference is a true and correct copy of the Ruling. This Court
22
allowed the Parties to make credit bids and approved requirements for expenses and
23

24 reimbursements.

25 An offer to purchase the property was made on August 10, 2023 by Michael Barnard and
26
Allison Hargrave in the amount of $850,000.00. The Purchase Agreement, Contingency
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28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO - CASE NO. SCV-269355

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Removal No. 1, and Court Confirmation Addendum were signed on August 9, 2023 by the
2
potential purchasers and on August 10, 2023 by Partition Referee.
3
The subject property was sold on an "as is" basis, except as to title. No representation or
4
warranty, express or implied, was made as to the condition or construction of the improvements
5

6 and building now situated on said property or that the improvements and building conform to

7 existing building laws. The sale was subject to current taxes, covenants, conditions, restrictions,
8
reservations, rights of way, and easement of record. Buyer was responsible for any required
9
energy and water conservation ordinance.
IO
Pursuant to California Code of Civil Procedure section 873.730, the sale is subject to
11

12 Court confirmation and overbid. The minimum overbid needed to be least ten-percent ( 10%) on

13 the first ten thousand dollars ($10,000) and five-percent (5%) on the amount in excess thereof
14
(CCP 873.740). The first minimum overbid needed to be at least $893,000.00 and was calculated
15
as follows:
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Original bid: $850,000.00
17

18 10% of first $10,000: $ 1,000.00

19 5% of $840,000: $ 42,000.00
20
Minimum Overbid: $893,000.00
21
Overbidders were present at the hearing and final sale of the Subject Property was
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confirmed to purchasers Defendants Louis M. Foppiano and Helaine N. Foppiano as Trustees of
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24 the Helaine N. and Louis M. Foppiano Revocable Trust as Amended and Restated July 31, 2015;

25 Paul Foppiano; and Gina M. Hocker as Truste of the Gina Marie Hocker Revocable Trust Dated
26
September 2015 for the sale price of$950,000.00. The purchase of the subject property was
27
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28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO - CASE NO. SCV-269355

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approved as a credit bid according to the Court's October 17, 2023 Ruling which was attached
2
hereto as Exhibit "C".
3
Prior to the hearing to confirm the sale, Defendants filed objections to Partition Referee's
4
requested fees and costs. At the hearing, the Court declined to rule on the referee's and attorney'
5

6 fees and costs and directed Partition Referee to file a separate motion for fees. Partition Referee

7 filed a Motion for Approval ofReferee Fees and Costs and Approval ofAttorney Fees and Costs.
8
On March 12, 2024, this Court issued an Order Approving Referee Fees and Costs and
9
Approving Attorney Fees and Costs. Attached hereto as Exhibit "D" and fully incorporated by
10
this reference is a true and correct copy of this Order.
11

12 II. DISTRIBUTIONS UPON THE SALE OF THE REAL PROPERTY

13 The sale has now been completed and escrow closed on December 11, 2023.Attached as
14
Exhibit "E" is a true and correct copy of the final escrow closing statement. The gross proceeds
15
of sale were $316,350.00. Partition Referee received net proceeds of sale in the amount of
16
$259,591.17 which is currently on hand. Partition Referee also received an expense deposit from
17

18 the Defendants and purchasers of the property in the amount of $132,034.83, which is currently

19 on hand.
20
Partition Referee kept the funds in an interest-bearing account which earned 4% interest
21
per annum. At the end of February, the total interest earned was $3,204.41. Partition Referee
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recommends applying this interest to the pro rata costs shared by all co-owners.
23

24 A. Distributions

25 The proposed distribution is summarized as follows:
26

27
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28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO-CASE NO. SCV-269355

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1. Fees and Costs of Partition Referee. This Court previously approved referee fees
2
to Partition Referee Linda Pond in the amount of $106,347.75 and costs in the amount of
3
$475.00. The Referee anticipates that she will spend up to one (1) additional hour of work at a
4
rate of $425 per hour in connection with this matter after the filing of this Stipulation to write
5

6 and mail the checks to the co-owners of the property. The parties stipulate that Partition Referee

7 is authorized to pay herself in an amount up to $425 without further order of this court.
8
2. Fees and Costs of Partition Referee's Attorney. This Court previously approved
9
attorney's fees to Partition Referee's attorney Amy Harrington in the amount of$27,240.00 and
10
costs in the amount of$454.38. Since the filing of the Motion for Approval ofReferee Fees and
11

12 Costs and Approval ofAttorney Fees and Costs on March 5, 2024, additional attorney and

13 paralegal time has been dedicated. Amy Harrington has an hourly rate of $500. Attorney
14
Harrington uses paralegals in her office. Paralegals have an hourly rate of $200. Attorney
15
Harrington has worked an additional 11.8 hours for a total of $5,900. Her paralegals have
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worked 1.6 hours for a total of $320. Harrington Law PC has advanced costs in the amount of
17

18 $209.44.

19 3. The services performed by Attorney Harrington and her paralegals are shown in
20
detail on the billing statements attached hereto as Exhibit "F" and fully incorporated by this
21
reference. It was appropriate to use the paralegals' services in this particular case because the
22
paralegals' hourly rate is much less than Attorney Harrington. This resulted in a substantial
23

24 savings. The total amount requested for the services of the attorney and the paralegal do not

25 exceed the amount appropriate if the attorney had performed the services without the paralegals'
26
assistance. All paralegals at Harrington Law PC are paralegals as defined in Business and
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28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO - CASE NO. SCV-269355

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Professions Code Section 6450, maintained required continuing education in good standing, and
2
worked under the direction of supervising attorneys at all times.
3
4. The total requested legal fees and costs for Harrington Law, PC including
4
attorney and paralegal fees is $6,429.44, which is reasonable
5

6 B. Proposed Allocations

7 I. The ownership interests in the subject property were as follows:
8
Name of Party Percentage Interest
9
Susan Foppiano Valera 33.3%
10
Paul Foppiano 20.8%
11

12 Gina Hocker, Trustee 12.5%

13 Louis Foppiano and Helaine Foppiano,jointly own, as trustees
14
33.4%
15
The Parties stipulate that the expenses of sale be allocated pursuant to the above
16
ownership interests.
17

18 2. Credit Bid. Defendants made a credit bid to purchase the subject property using

19 their equity from the sale of the property. Accordingly, their share of the interest in the estate has
20
been distributed to them in the form of the subject property. The remainder of the sales proceeds
21
on hand represent the share belonging to Plaintiff. Plaintiff is entitled to 100% of the sales
22
proceeds in escrow after the apportionment of sale expenses.
23

24 3. Fees and costs of Referee and Referee's Attorney per Order Approving Referee

25 Fees and Costs and Approving Attorney Fees and Costs. This Court approved referee fees to
26
Partition Referee in the amount of$106,347.75 and costs in the amount of$475.00. (Exhibit
27
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28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO-CASE NO. SCV-269355

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"D"). The Court ordered that $22,227.50 would be owed solely by Plaintiff and the remaining
2
amount would be owed half by Plaintiff and half by Defendants. As such, the total amount of
3
Referee fees owed by Plaintiff per this Order is $64,287.62 and the total amount owed by
4
Defendants is $42,060.13. The costs were not allocated to any of the Parties and are to be paid
5

6 out of the net proceeds of sale. Partition Referee's attorney's fees and costs were not allocated to

7 any of the Parties and are to be paid out of the net proceeds of sale.
8
4. Defendants' Expense Deposit. Defendants deposited $132,034.83 into escrow for
9
expenses of sale including seller's escrow expenses and any further expenses of partition.
IO
Seller's expenses which were to be split pro rata totaled $34,210.86 and were paid out of escrow.
11

12 Defendants' share of these expenses was 67%, or $22,818.64. Defendants' share ofreferee fees

13 and costs totaled $42,343.61. Defendants' share of partition referee costs and referee's attorney's
14
fees and costs totaled $20,940.07. There was an excess deposit of $45,932.51. Partition Referee
15
shall return this amount to Defendants.
16
Attached as Exhibit "G" to this Stipulation is a chart of the proposed
17

18 distribution/allocation to each party pursuant to their ownership interests as outlined above.

19 The funds are currently held in an interest-bearing account. After all distributions and
20
reimbursements have been completed, there may be residual interest which has accumulated in
21
the account. Plaintiff Susan Valera has a 100% interest in the proceeds of sale. Partition Referee
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recommends distributing to Plaintiff all residual interest that has not yet been accounted for
23

24 herein or received in the account as of the date of the filing of this Stipulation.

25 II
26
II
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28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO - CASE NO. SCV-269355

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III. STATUTORY AUTHORITY
2
California Code of Civil Procedure section 873.010(b)(3) allows the court to "[f]ix the
3
reasonable compensation for the services of the referee and provide for payment of the referee's
4
reasonable expenses."
5

6 California Code of Civil Procedure section 873.820 provides:

7 The proceeds of sale for any property sold shall be applied in the following order:
8
a. Payment of the expenses of sale;
9
b. Payment of the other costs of partition in whole or in part or to secure any cos
10
of partition later allowed;
11

12 c. Payment of any liens on the property in their order of priority except liens

13 which under the terms of sale are to remain on the property; and
14
d. Distribution of the residue among the parties in proportion to their shares as
15
determined by the court.
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IV. DISCHARGE OF REFEREE
17

18 Partition Referee has duly performed all duties required and her services are no longer

19 needed.
20
The Parties stipulate that effective upon the filing with the Court of the Receipts on Final
21
Distribution, without further Order of this Court, that Partition Referee be fully discharged from
22
all responsibilities, duties, and other obligations as partition referee, that the referee, her
23

24 attorneys and agents, and each of them, be fully exonerated from all liability as provided by law

25 and, in furtherance thereof, that all persons and entities shall be enjoined and restrained from
26
commending of prosecuting any action or proceeding against Partition Referee on account of
27
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28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO - CASE NO. SCV-269355

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debts, claims, and obligations of the partition action and its partition estate, and that Partition
2
Referee not be liable in any manner for outstanding obligations and debts of the partition estate,
3
known or unknown, nor liable to any taxing authority other governmental authority, person or
4
entity.
5

6 Should Partition Referee, her agents, professionals, legal counsel, or employees be called

7 as a witness in any future proceeding, or be required to respond to a document subpoena or other
8
discovery in connection with Partition Referee's services or otherwise in this partition matter,
9
that the requesting party pay Partition Referee or other subpoenaed person's then current billing
10
rate for the time, and reimburse all fees and expenses, in connection with such response( s) or
11

12 appearance(s); and this Court reserve exclusive jurisdiction over any claim(s) that may be

13 asserted against Partition Referee or her professionals for their respective services in this
14
partition matter, all issues that were a part of the subject matter thereof, and that have arisen or
15
may arise therefrom.
16
ACCORDINGLY, THE PARTIES AGREE TO AND THE COURT ORDERS THE
17

18 FOLLOWING:

19 1. All prior disbursements are approved;
20
2. Disbursement of the following from the proceeds of sale is approved:
21
1. To Linda Pond for services as Partition Referee during the period of
22
January 10, 2024 through March 18, 2024:
23

24 1. Fees in the amount of$425;

25 ii. To Amy Harrington for services as attorney for the Partition Referee
26
during the period of January 10, 2024 through March 18, 2024:
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28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO-CASE NO. SCV-269355

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1. Fees in the amount of$6,220;
2
2. Costs in the amount of $209.44;
3
3. Distribution of the net proceeds of sale is approved to the co-owners as follows:
4
i. Susan Foppiano Valera: $207,526.33;
5

6 4. Reimbursement is approved to Defendants Louis M. Foppiano, Helaine N.

7 Foppiano, Paul Foppiano, and Gina M. Hocker as follows:
8
i. Paul Foppiano: $14,323.78
9
11. Gina M. Hocker, Trustee of the Gina Marie Hocker Revocable Trust
10
dated September 25, 2015: $8,608.04
11

12 iii. Louis M. Foppiano and Helaine N. Foppiano, Trustees of the Helaine

13 Noreen Foppiano and Louis Michael Foppiano 1997 Trust dated
14
December 23, 1997: $23,000.69;
15
5. Distribution of all residual interest that has not yet been accounted for herein to
16
Plaintiff Susan Valera;
17

18 II

19 II
20
II
21
II
22
II
23

24 II

25 II
26
II
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28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO-CASE NO. SCV-269355

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6. Linda Pond is fully discharged from all responsibilities, duties, and other
2
obligations as partition referee upon filing of receipts on final distribution, the
3
referee, her attorneys and agents, and each of them, are fully exonerated from all
4
liability as provided by law and, in furtherance thereof, all persons and entities
5

6 shall be enjoined and restrained from commending of prosecuting any action or

7 proceeding against Partition Referee on account of debts, claims, and obligations
8
of the partition action and its partition estate, and Partition Referee is not liable in
9
any manner for outstanding obligations and debts of the partition estate, known or
10
unknown, nor liable to any taxing authority other governmental authority, person
11

12 or entity.

DATED: 3/18/
13
- - - - - -, 2024 Amy Harrington, Attorney for
14
Court Appointed Partition Referee Linda Pond
15

16 3/22
DATED: _ _ _ _ _,2024
Elizabeth Fritzinger, Attorney for Defendants
17
Louis M. Foppiano, et al.
18

19 DATED: March 18
------- 2024 James F. DeMartini, Attorney for Plaintiff
20
Susan Foppiano Valera
21
IT IS SO ORDERED:
22

23
DATED: _____ _, 2024
24

25 JUDGE OF THE SUPERIOR COURT
26

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28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO-CASE NO. SCV-269355

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2

10
EXHIBIT "A"
11

12 Order After Hearing Appointing Linda Pond Partition Referee

25 EXHIBIT "A"

27
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28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO-CASE NO. SCV-269355

Doc ID: b43b5a38e82dec91ed6b287e7bd 53f33f3353fc
1 Brian J. Clark (SBN 277681)
Gregory P. Wayland (SBN 277437) ELECTRONICALLY FILED
2 Roberto G. C111z (SBN 342729) Superior Court of California
County of Sonoma
Attorneys Real Estate Group, APC 4/5/202311:51 AM
3 905 Highland Pointe Drive, Suite 100 Robert Oliver, Clerk of the Court
Roseville, CA 95678 By: Griselda Zavala, Deputy Clerk
4 Telephone: (916) 671-3138
Email: gwayland@AttorneysRE.com
5
6 Attorneys for Susan Foppiano Valera

7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SONOMA
10
-o0o-
11 SUSAN FOPPIANO VALERA, an Case No.: SCV-269355
Individual,
12
[PROPOSED] ORDER AFTER HEARING
13 Plaintiff, APPOINTING LINDA POND PARTITION
REFEREE
14 vs.
[C.C.P. §§873.010, et seq.]
15 LOUIS M. FOPPIANO, an individual and as
Trustee of The Helaine Noreen Foppiano and Hg.
16 Louis Michael Foppiano 1997 Trust dated Date: March 29, 2023
December 23, 1997, HELAINEN. Time: 3:00p.m.
17 FOPPIANO, an individual and as Trustee of Dept: 18
The Helaine Noreen Foppiano and Louis
18 Michael Foppiano 1997 Trust dated
December 23, 1997, PAUL Foppiano, an FAG: October 1, 2021
19 individual and as Trustee of the Gina Marie T, /a/:
• No11eSet
Hocker Revocable Trust dated September 25,
20 2015, all persons unknown claiming any
interest in the property, and DOES 1-20,
21
HON. CHRISTOPHER HONIGSBERG
22 Defendants.

23 1 1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1
24 On Wednesday, March 29, 2023, at 3:00 p.m., the above referenced matter came on
25 regularly for hearing in Department 18 before the Hon. Christopher Honigsberg on motion to
26 appoint a partition referee pursuant to Cal. Code of Civil Procedure §873.010, et seq., the

I _)
·-..~:~
l J
'•··-···

Doc ID: b43b5a38e82dec91ed6b287e7bd453f33f3353fc
1 Plaintiff appeared by and through her counsel of record Gregory P. Wayland, Esq., of Attorneys
2 Real Estate Group, APC, the Defendants appeared by and through their counsel of record,
3 Edward Mccutchan of Sunderland McCutchan, LLP.
4 The COURT, having heard argument, adopts its tentative ruling and finds and ORDERS
5 as follows:
6 On October 14, 2022 the Court granted interlocutory adjudication of Plaintifrs cause of
7 action for partition by sale of the subject property and bifurcated the issue of appointment of a
8 partition referee for the parties to submit nominations for the referee. The parties have each
9 submitted their own nominee. The Court notes that Plaintiff's nomination was filed after the
10 deadline set forth in the Court's previous tentative ruling. Nonetheless, Defe11dants still had
11 sufficient time to, and did in fact, file their objections to the nominatiQn. Thus, the Court
12 exercises its discretion to consider Plaintifrs nomination. The Court has considered each party's
13 objection to the other's nomination.
14 The Court hereby appoints, Linda Pond as partition referee for the purpose of selling the
15 real property located at 12781 Old Redwood Highway, Healdsburg, California. Linda Pond shall
16 post a bond of$4,000. The Cou1t finds Linda Pond's hourly rate of $425 to be reasonable. At the
17 conclusion of the sale of the property, Linda Pond shall file a final account and request for
18 discharge.
19 SO ORDERED.
20
21 Dated:April 5, 2023
Hon. Clu-istopher Honigsberg
22 Judge of the Superior Court
County of Sonoma
23
24

2
26

'.) 'J 2

Doc ID: b43b5a38e82dec91ed6b287e7bd453f33f3353fc
2

10
EXHIBIT "B"
11

12 Order for Authority for Referee to Retain Legal Counsel

25 EXHIBIT "B"
26

27
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28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO - CASE NO. SCV-269355

Doc ID: b43b5a38e82dec91 ed6b287e7bd 53f33f3353fc
FILED
Linda Pond
7131 Redwood Retreat Road
AUG O9 2023
2
Gilroy, California 9S020 ~ffllll.lCAl.laRHM.
3 Phone: (408) 847-S186
Email: lpond@intcro.com BY ~ IIPUIYCI\SII
4

5
In Pro Per, Partition Referee

6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
FOR THE COUNTY OF SONOMA
8

9 - UNLIMITED JURISDICTION -

10 SUSAN FOPPIANO VALERA. an individual, Case No.: SCV-26935S
ll Plaintiff,
12 EXPARTEORDERFORAUTHORITYFOR
vs. REFEREE TO RETAIN LEGAL COUNSEL
13
LOUIS M. FOPPIANO, an individual and as
14
Trustee of the Helaine Noreen Foppiano and l
1

15
Louis Michael Foppiano 1997 Trust dated D~te: ff8.Q]r2823 8/9/2023
December 23, 1997, HELAINE N. Foppiano. an Tune: 3:00 p.m.
16 individual and as Trustee of the Helaine Noreen Dept: 18
Foppiano and Louis Michael Foppiano 1997 Judge: Hon. Christopher Honigsberg
17 Trust dated December 23, 1997, PAUL
18 FOPPIANO, an individual and as Trustee of the
Gian Marie Hocker Revocable Trust dated
19 September 25, 201S, all persons unknown
claiming any interest in the property, and DOES
20 1-20,
21
Defendants.
22
On August 3, 2023, the Court•appointed partition referee in this action for
23
panition, Linda Pond (the "Referee"), filed the Referee's Notice of Motion and Motion for
24

25 Authority to Retain Counsel (the "Motion.,). The Motion was heard on Augustl 2023, before

27
28 BX PARTE ORDER FOR AtmlORITY FOR REFEREE TO RETAIN LEGAL COUNSEL
VALERA V FOPPIANO- CASE NO. SCV-2693S5

Doc ID: b43b5a38e82dec91 ed6b287 e7bd453f33f3353fc
the Honorable Christopher Honigsberg in Department 18 in the above-captioned Court.
2
Appearances were made as set forth in the record of the hearing.
3
The Court, having reviewed and considered the Motio~ the notice of the Motion, all
4
papen and evidence submitted in support of the Motion, including the declarations and exhibits
5
6 in support thereof, ~ objections or responses having been tiled, the arguments of counsel made,

7 and the evidence proffered or adduced at the hearing on the Motion; and it appearing that the
8
relief requested in the Motion is in the best interests of this partition estate and all parties in
9
interests to this partition action; and upon the record of the hearing and this partition action; and
10
after due deliberation thereon, and good cause appearing therefore,
11
12 IT IS HEREBY ORDERED THAT:
13 Authority is granted for Referee Linda Pond to retain Amy Harrington and Harrington
14
Law P.C. as counsel and enter into a fee agreement for legal servi
1S

16
Dated: 8/Cf.j)- 3
17

22
23
24

2S
26
27
2
28 ex PARTE ORDBR fOR AUTHORITY FOR REFERBB TO lWTAIN LEGAL COUNSBL
VALERA V FOPPIANO-CASB NO. SCV-26935S

Doc ID: b43b5a38e82dec91ed6b287e7bd453f33f3353fc
2

IO
EXHIBIT "C"
11

12 Ruling Issued on Submitted Matter: Motion for Instructions to the Referee on Allowance of a

13 Credit Bid by Defendants and the Terms Thereof
14

25 EXHIBIT "C"
26

27
15
28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO - CASE NO. SCV-269355

Doc ID: b43b5a38e82dec91ed6b287e7bd 53f33f3353fc
FI LE
HONORABLE CHRISTOPHER M. HONIGSBERG
1 SUPERIOR COURT STATE OF CALIFORNIA
COUNTY OF SONOMA -
2 3055 Cleveland Avenue
Santa Rosa, CA 95403
3 Telephone (707) 521-6723
4
SUPERIOR COURT FOR THE STATE OF CALIFORNIA
s
COUNTY OF SONOMA
6

7 SUSAN FOPPIANO VALERA, an individual, RULING ISSUED ON SUBMITTED
MATIER: MOTION FOR INSTRUCTIONS
8 TO THE REFEREE ON ALLOWANCE OF A
Plaintiff, CREDIT BID BY DEFENDANTS AND THE
9 TERMS THEREOF
v.
10 Case No.: SCV-269355
11 (Hearing Date: October 11, 2023)
LOUIS M. FOPPIANO, an individual and as
12 Trustee of the Helaine Noreen Foppiano and
Louis Michael Foppiano 1997 Trust dated
13
December 23, 1997, et al.,
14
Defendants.
15

17 The court-appointed partition referee seeks instruction from the Court on two specific
18
questions. The Court answers these questions as follows. Defendants' objections to Plaintiffs
19
opposition are overruled.
20
1) Is a credit bid allowed where a co-owner applies their equity in the property in lieu of
21

22 cash.

23 Yes, a credit bid is allowed pursuant to CCP § 873.630 which provides, "The court may:
24
(a) Direct a sale on credit for the property or any part thereof. (b) Prescribe such terms of credit
2S
as may be appropriate ... "
26
2) If a credit bid is allowed, how much equity can each co-owner who is purchasing the
27

28 property apply to the sales price? If they may apply 100% of their equity how much

RULING ISSUED ON SUBMITI'ED MA'M'ER: MOTION FOR INSTRUCTIONS TO THE REFEREE ON ALLOWANCE OF A CREDIT BID BY
DEFENDANTSANDTHETERMSTHEREOF

Pagel
Doc ID: b43b5a38e82dec91ed6b287e7bd 53f33f3353fc
cash, in addition to their equity, must they put into escrow to cover their share of the

2 costs of the sale and the partition action.
3 Both parties may bid 100% of their respective equity in the property. If Plaintiffs or
4
Defendants do not utilize a buyer's agent, the credit bid shall be credited 2.5%.
s
The referee shall compile a fonnal estimate for the total sale expenses and serve it onto
6

7
the parties within a reasonable time prior to the sale. Defendants collectively are required to

s deposit 66.7% of this total into escrow, plus an additional 10% to cover potentially unknown
9 costs. Plaintiffs are required to deposit 33.3% of this total into escrow, plus an additional 10% to
10
cover potentially unknown costs. The deposit shall be made on the date of the hearing on the
11
Referee's Motion to Approve Report of Sale. The referee's estimated total for the sale expenses
12

13 shall not include Plaintiff's claim for diminution of value nor Plaintiff's claim for attorney's fees.

14 Defendants are not required to deposit any funds into escrow for these claims.
15

16
IT IS SO ORDERED.
17

18
Dated: October 17, 2023
19

RULING ISSUED ON SUBMI1TED MATTER: MOTION FOR INSTRUCTIONS TO THE REFEREE ON ALLOWANCE OF A CREDIT BID BY
DEFENDANTSANDTHETERMSTHEREOF

Page2

Doc ID: b43b5a38e82dec91ed6b287e7bd 53f33f3353fc
SCV-269355

PROOF OF SERVICE BY MAIL

I certify that I am an employee of the Superior Court of California, County of Sonoma, and
that my business address is 600 Administration Dr., Room 107-J, Santa Rosa, California, 95403;
that I am not a party to this case; that I am over the age of 18; that I am readily familiar with this
office's practice for collection and processing of correspondence for mailing with the United States
Postal Service; and that on the date shown below I placed a true copy of
Ruling Issued on Submitted Matter: Motion for Instructions to the Referee on Allowance of a Credit
Bid by Defendants and the Terms Thereof
in an envelope, sealed and addressed as shown below, for collection and mailing at Santa Rosa,
California, first class, postage fully prepaid, following ordinary business practices.

Date: October 17, 2023 Robert Oliver
Clerk of the Court

By:A~£0~
Ashley E. Olazar, Deputy Clerk

-ADDRESSEES-

EDWARD B. MCCUTCHAN GREGORY WAYLAND
SUNDERLAND MCCUTCHAN LLP ATTORNEYS REAL ESTATE GROUP APC
1083 VINE STREET SUITE 907 905 HIGHLAND POINTE DR SUITE 100
HEALDSBURG CA 95448 ROSEVILLE CA 95678

emccutchan@sunmclaw.com gwayland@AttomeysRE.com

ELIZABETH FRITZINGER AMY HARRINGTON
3550 ROUND BARN BLVD SUITE 312 HARRINGTON LAW PC
SANTA ROSA, CA 95403 846 BROADWAY
SONOMA CA 95476
elizabeth@berryfritzlaw.com
amy@amyharringtonlaw.com

Doc ID: b43b5a38e82dec91ed6b287e7bd453f33f3353fc
2

10
EXHIBIT "D"
11

12 Order Approving Referee Fees and Costs and Approving Attorney Fees and Costs

25 EXHIBIT "D"
26

27
16
28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO - CASE NO. SCV-269355

Doc ID: b43b5a38e82dec91ed6b287e7bd 53f33f3353fc
ELECTRONICALLY FILED
AMY HARRINGTON SBN 237980 Superior Court of California
HARRINGTON LAW, PC. County of Sonoma
2 3/12/2024 3:43 PM
846 BROADWAY
3 SONOMA, CALIFORNIA 95476 Robert Oliver, Clerk of the Court
By: Jennifer Ellis, Deputy Clerk
TEL: 415-558-7700
4 FAX: 415-558-7701
EMAIL: amy@amyharringtonlaw.com
5
6 Attorneys for Linda Pond, Partition Referee
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8

9 FOR THE COUNTY OF SONOMA
~·
10 - UNLIMITED JURISDICTION -
11
SUSAN FOPPIANO VALERA, an individual, Case No.: SCV-269355
12
Plaintiff,
13
ORDER APPROVING REFEREE FEES
vs. AND COSTS AND APPROVING
14
ATTORNEY FEES AND COSTS
15 LOUIS M. FOPPIANO, an individual and as
Trustee of the Helaine Noreen Foppiano and Date· 3/6/2024
16 Louis Michael Foppiano 1997 Trust dated Tim~· 3·00 PM
17
December 23, 1997, HELAINE N. Foppiano, an
individual and as Trustee of the Helaine Noreen
Dept: 18
Judg;: Hon. Christopher Honigsberg
18 Foppiano and Louis Michael Foppiano 1997
Trust dated December 23, 1997, PAUL
19 FOPPIANO, an individual, GINA M.
HOCKER, an individual and as Trustee of the
20 Gina Marie Hocker Revocable Trust dated
21 September 25, 2015, all persons unknown
claiming any interest in the property, and DOES
22 1-20,
23 Defendants.
24
Partition Referee Linda Pond ("Referee") presented her Notice of Motion and Motion for
2S
Approval of Referee Fees and Costs and Approval of Attorney Fees and Costs ("Motion") which
26
came on regularly for hearing on this date, the Honorable Christopher M. Honigsberg presiding.
27

28 Good Cause Appearing, IT IS HEREBY ORERERED:
1
ORDER APPROVING REFEREE FEES AND COSTS AND APPROVING ATIORNEY FEES AND COSTS
VALERA V. FOPPIANO· CASE NO. SCV•2693S5

Doc ID: 6adfc8e108f2d1 c24daf44794b29~ 21f48aaa0d4
Doc ID: b43b5a38e82dec91 ed6b287e 7bd453f33f3353fc
I. Notice of hearing of this Motion has been given as required by law;
2
2. The Court approves and allows the payment of the following from the proceeds o
3
the sale:
4

s i. To Linda Pond for services as Partition Referee:

6 I. Fees in the amount of$106,347.75 of this amount $22,227.50 shall
7 be owed solely by Plaintiff while the remaining amount shall be
8
owed half by Plaintiff and half by Defendants.
9
2. Costs in the amount of$475.00;
10

11
ii. To attorney Amy Harrington for legal services rendered to the Partition

12 Referee:

13 I. Fees in the amount of $27,240.00;
14
2. Costs in the amount of $454.38.
IS 3/12/24
DATED: _ _ _ _ _ __
16
CHRISTOPHER HONIGSBERG
17
JUDGE OF THE SUPERIOR COURT
18
APPROVED AS TO FORM:
19
Dated: 03 / 06 / 2024
20

21 ,JL--&"v---,
22 James DeMartini, Attorney for
Plaintiff Susan Valera
23

24
Dated: 03 / 06 / 2024
2S
26 ~~
27 Elizabeth Fritzinger, Attorney for
Defendants Louis M. Foppiano, et al.
28
2
ORDER APPROVING REFEREE FEES AND COSTS AND APPROVING ATTORNEY FEES AND COSTS
VALERA V. FOPPIANO·- CASE NO. SCV-26935S

Doc ID: 6adfc8e108f2d1c24daf44794b29 21f48aaa0d4
Doc ID: b43b5a38e82dec91 ed6b287e7bd453f33f3353fc
2

10
EXHIBIT "E"
11

12 Final Escrow Closing Statement

25 EXHIBIT "E"
26

27
17
28 STIPULATION AND ORDER APPROVING PROPOSED DISTRIBUTION OF PROCEEDS OF SALE
VALERA V. FOPPIANO-CASE NO. SCV-269355

Doc ID: b43b5a38e82dec91ed6b287e7bd 53f33f3353fc
Chicago Title Company
455 Market Street, Suite 1520, San Francisco

Case Info

Judge

Honigsberg, Christopher M. Track Judge’s New Case

Case No.

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Document Filed Date

March 22, 2024

Case Filing Date

September 22, 2021

County

Parties

All persons unknown claiming any interest in the property Defendant
Carter, Brian Charles Attorney for the Plaintiff
De Martini, James F. Attorney for the Plaintiff
Foppiano, Helaine N Defendant
Foppiano, Louis M Defendant
Foppiano, Paul Defendant
Hocker, Gina M Defendant
MCCUTCHAN, B. EDWARD, JR Attorney for the Defendant
Valera, Susan Foppiano Plaintiff
WAYLAND, GREGORY Attorney for the Plaintiff
David Berry Attorney
Monica Lehre Attorney
Brian Clark Attorneys for Plaintiffs
Roberto Cruz
Amy Harrington Attorneys for Plaintiffs
Alexander Rich Attorneys for Plaintiffs
Margarita Rice Attorneys for Plaintiffs
William Labarge Attorney
Edward McCutchen Attorney
Louis Foglia Attorneys for Defendants
Leonard Berger Attorneys for Defendants
Gary Vannelli Attorneys for Defendants
Elizabeth Fritzinger Attorney
Ryan Reyes Attorneys for Plaintiffs
Michael Baraban Attorney

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No Value: Valera vs Foppiano

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